Bill Text: TX HB59 | 2021 | 87th Legislature 1st Special Session | Introduced
Bill Title: Relating to the days and hours during which the polls are open for early voting by personal appearance.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-07-08 - Referred to Constitutional Rights & Remedies [HB59 Detail]
Download: Texas-2021-HB59-Introduced.html
| 87S10270 BEE-F | ||
| By: Bucy | H.B. No. 59 | |
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| relating to the days and hours during which the polls are open for | ||
| early voting by personal appearance. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 12.004(d), Election Code, is amended to | ||
| read as follows: | ||
| (d) The [ |
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| shall remain open for providing voter registration information | ||
| during the [ |
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| voting polling place is open for voting. | ||
| SECTION 2. Sections 85.001(a) and (e), Election Code, are | ||
| amended to read as follows: | ||
| (a) The period for early voting by personal appearance | ||
| begins on the 17th day before election day and continues through the | ||
| fourth day before election day, except as otherwise provided by | ||
| this subchapter [ |
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| (e) For an election held on the uniform election date in May | ||
| and any resulting runoff election, the period for early voting by | ||
| personal appearance begins on the 12th day before election day and | ||
| continues through the fourth day before election day, except as | ||
| otherwise provided by this subchapter. | ||
| SECTION 3. Section 85.006, Election Code, is amended to | ||
| read as follows: | ||
| Sec. 85.006. EXTENDED VOTING [ |
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| Except as provided by Subsection (b), the authority ordering an | ||
| election may order early voting by personal appearance at the main | ||
| early voting polling place to be conducted: | ||
| (1) on one or more Saturdays or Sundays during the | ||
| early voting period; or | ||
| (2) during an early voting period extended from the | ||
| fourth day before election day for any number of consecutive days up | ||
| to and including the day before election day. | ||
| (b) In an election in which a county clerk or city secretary | ||
| is the early voting clerk under Section 83.002 or 83.005, only the | ||
| early voting clerk may order extended voting [ |
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| (c) Except as otherwise provided by this section, the [ |
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| authority ordering extended voting [ |
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| determine the hours during which voting is to be conducted. | ||
| (d) The authority authorized to order extended early voting | ||
| [ |
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| [ |
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| subsection on receipt of a written request submitted by at least 15 | ||
| registered voters of the territory covered by the election. The | ||
| request must be submitted in time to enable compliance with Section | ||
| 85.007. The authority is not required to order the voting on a | ||
| particular date specified by the request but shall order the voting | ||
| on at least one Saturday if a Saturday is requested and on at least | ||
| one Sunday if a Sunday is requested. | ||
| (e) In a primary election or the general election for state | ||
| and county officers in a county with a population of 100,000 or | ||
| more, the early voting clerk shall order personal appearance voting | ||
| at the main early voting polling place to be conducted for at least | ||
| 12 hours on the last Saturday and for at least five hours on the last | ||
| Sunday of the early voting period. The early voting clerk shall | ||
| order voting to be conducted at those times in those elections in a | ||
| county with a population under 100,000 on receipt of a written | ||
| request for those hours submitted by at least 15 registered voters | ||
| of the county. The request must be submitted in time to enable | ||
| compliance with Section 85.007. This subsection supersedes any | ||
| provision of this subchapter to the extent of any conflict. | ||
| (f) An authority authorized to order extended early voting | ||
| under Subsection (a) or (b) that orders the voting during an | ||
| extended early voting period shall order personal appearance voting | ||
| at the main early voting polling place to be conducted for at least | ||
| 12 hours on any weekday or Saturday and for at least five hours on | ||
| any Sunday of the extended early voting period. | ||
| SECTION 4. Sections 85.007(a) and (b), Election Code, are | ||
| amended to read as follows: | ||
| (a) The election order and the election notice must state: | ||
| (1) the date that early voting will begin if under | ||
| Section 85.001(d) the early voting period is to begin later than the | ||
| prescribed date; | ||
| (2) the regular dates and hours that voting will be | ||
| conducted under Section 85.005(b); and | ||
| (3) the dates and hours that extended voting [ |
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| 85.006(a). | ||
| (b) The early voting clerk shall post notice for each | ||
| election stating the dates and hours that extended voting [ |
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| 85.006(b). | ||
| SECTION 5. Section 85.064(d), Election Code, is amended to | ||
| read as follows: | ||
| (d) The authority authorized under Section 85.006 to order | ||
| extended early voting [ |
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| the manner prescribed by that section, extended early voting to be | ||
| conducted [ |
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| temporary branch polling places. In addition, the early voting | ||
| clerk of a county covered by Section 85.006(e) shall order such | ||
| voting in accordance with that subsection at each temporary branch | ||
| polling place established under Section 85.062(d). | ||
| SECTION 6. Section 85.065(b), Election Code, as effective | ||
| September 1, 2021, is amended to read as follows: | ||
| (b) Except as provided by Subsection (c), voting at a | ||
| temporary branch polling place may be conducted on any days and | ||
| during any hours of the period for early voting by personal | ||
| appearance, as determined by the authority establishing the branch. | ||
| The authority authorized under Section 85.006 to order extended | ||
| early voting [ |
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| prescribed by that section, extended early voting to be conducted | ||
| [ |
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| polling places. | ||
| SECTION 7. Section 85.068(a), Election Code, as effective | ||
| September 1, 2021, is amended to read as follows: | ||
| (a) The early voting clerk shall post notice for each | ||
| election stating any dates and the hours that extended voting [ |
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| 85.065(b), if the early voting clerk is a county clerk or city | ||
| secretary under Section 83.002 or 83.005. | ||
| SECTION 8. Section 87.0241, Election Code, as effective | ||
| September 1, 2021, is amended by amending Subsection (b) and adding | ||
| Subsection (b-1) to read as follows: | ||
| (b) The board may not count early voting ballots until: | ||
| (1) the polls open on election day; or | ||
| (2) in an election conducted by an authority of a | ||
| county with a population of 100,000 or more, or conducted jointly | ||
| with such a county or conducted with such a county through a | ||
| contract for election services, the time the polls close on the | ||
| fourth day before election day [ |
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| (b-1) The board may not count early voting ballots voted by | ||
| personal appearance after the fourth day before election day until | ||
| the end of the extended early voting period. | ||
| SECTION 9. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
